This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

84067 

Vol. 88, No. 231 

Monday, December 4, 2023 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Part 2412 

Privacy 

AGENCY: Federal Labor Relations 

Authority. 

ACTION: Final rule. 

SUMMARY: This final rule adopts, with 

one change, the proposed rule 

published in the Federal Register on 

October 11, 2023. The rule updates 

procedures under the Privacy Act for 

requesting information from the Federal 

Labor Relations Authority (FLRA) and 

procedures that the FLRA follows in 

responding to requests from the public, 

in order to reflect changes in the law 

and the FLRA’s organization since the 

regulations were last updated. 

DATES: This final rule is effective 

January 3, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Tso, Solicitor, Senior Agency 

Official for Privacy, at (771) 444–5779. 

SUPPLEMENTARY INFORMATION: On 

October 11, 2023, the FLRA published 

a proposed rule in the Federal Register 

at 88 FR 70374, amending its 

regulations under the Privacy Act to 

update procedures for requesting 

information from the FLRA and 

procedures that the FLRA follows in 

responding to requests from the public, 

in order to reflect changes in the law 

and the FLRA’s organization since the 

regulations were last updated. These 

revised regulations account for issues 

that have arisen since the regulations 

were last updated. The FLRA solicited 

written comments; and requested that 

any such comments be submitted by 

November 13, 2023. 

The FLRA received one comment on 

the proposed rule from the American 

Association of Nurse Practitioners, 

which suggested changing ‘‘physician’’ 

to ‘‘licensed health care professional’’ in 

§ 2412.6(d). The FLRA agrees with this 

change as a requester’s provider of 

choice may not be a physician, but 

another licensed health care 

professional, such as a nurse 

practitioner. Other agencies have also 

utilized the broader term in similar 

situations. See, e.g., 5 CFR 1830.4, 45 

CFR 164.502(g)(3)(ii)(C). Based on the 

rationale set forth in the proposed rule 

and this document, the FLRA is thus 

adopting the proposed rule as the final 

rule with this one change. 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the FLRA has determined that 

this regulation, as amended, will not 

have a significant impact on a 

substantial number of small entities. 

The Privacy Act primarily affects 

individuals and not entities and the 

final rule would impose no duties or 

obligations on small entities. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This action is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100,000,000 or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act of 1995 

The regulations contain no additional 

information collection or record-keeping 

requirements under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501, 

et seq. 

List of Subjects in 5 CFR Part 2412 

Privacy Act. 

■ For the reasons stated in the preamble, 

the FLRA revises 5 CFR part 2412 to 

read as follows: 

PART 2412—PRIVACY 

Sec. 

2412.1 Purpose and scope. 

2412.2 Definitions. 

2412.3 Notice and publication. 

2412.4 Existence-of-records requests. 

2412.5 Individual access requests. 

2412.6 Records about other individuals, 

medical records, and limitations on 

disclosures. 

2412.7 Initial decision on access requests. 

2412.8 Accountings of disclosures and 

requests for accountings. 

2412.9 Requests for amendment or 

correction of records. 

2412.10 Initial decision on amendment or 

correction. 

2412.11 Amendment or correction of 

previously disclosed records. 

2412.12 Agency review of refusal to inform, 

to provide access to, or to amend or 

correct records. 

2412.13 Fees. 

2412.14 Penalties. 

2412.15 Exemptions. 

Authority: 5 U.S.C. 552a. 

§ 2412.1 Purpose and scope. 

This part contains the regulations that 

the Federal Labor Relations Authority 

(FLRA), including the Authority 

component (Authority), the General 

Counsel of the FLRA (General Counsel), 

the Inspector General (IG), and the 

Federal Service Impasses Panel (Panel), 

follow under the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a. These 

regulations should be read together with 

the Privacy Act, which provides 

additional information about records 

maintained on individuals. The 

regulations apply to all records 

maintained by the Authority, the 

General Counsel, the IG, and the Panel 

that are contained in a system of 

records, as defined at § 2412.2(d), and 

that are retrieved by an individual’s 

name or personal identifier. They 

describe the procedures by which 

individuals may request access to 

records about themselves, request 

amendment or correction of those 

records, and request an accounting of 

disclosures of those records. In addition, 

the regulations limit the access of other 

persons to those records. The Authority, 

the General Counsel, the IG, and the 

Panel also process all Privacy Act 

requests for access to records under the 

Freedom of Information Act, 5 U.S.C. 


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552, giving requesters the benefit of both 

statutes. These regulations do not relate 

to those personnel records of Federal 

Government employees, which are 

under the Office of Personnel 

Management’s (OPM) jurisdiction, to the 

extent such records are subject to OPM 

regulations. 

§ 2412.2 Definitions. 

For the purposes of this part— 

Individual means a citizen of the 

United States or an alien lawfully 

admitted for permanent residence. 

Maintain includes maintain, collect, 

use, or disseminate. 

Record means any item, collection, or 

grouping of information about an 

individual that is maintained by the 

Authority, the General Counsel, the IG, 

or the Panel including, but not limited 

to, information regarding the 

individual’s education, financial 

transactions, medical history, and 

criminal or employment history, that 

contains the individual’s name, or the 

identifying number, symbol, or other 

identifying particular assigned to the 

individual, such as a finger or voice 

print or a photograph. 

Request for access to a record means 

a request made under the Privacy Act, 

5 U.S.C. 552a(d)(1). 

Request for amendment or correction 

of a record means a request made under 

the Privacy Act, 5 U.S.C. 552a(d)(2). 

Request for an accounting means a 

request made under the Privacy Act, 5 

U.S.C. 552a(c)(3). 

Requester means an individual who 

makes an existence-of-records request, a 

request for access, a request for 

amendment or correction, or a request 

for an accounting under the Privacy Act. 

Routine use means, with respect to 

the disclosure of a record, the use of 

such record for a purpose which is 

compatible with the purpose for which 

it was collected. 

System of records means a group of 

any records under the control of the 

Authority, the General Counsel, the IG, 

or the Panel from which information is 

retrieved by the name of the individual 

or by some identifying particular 

assigned to the individual. 

§ 2412.3 Notice and publication. 

The Authority, the General Counsel, 

the IG, and the Panel will publish in the 

Federal Register such notices describing 

systems of records as are required by 

law. 

§ 2412.4 Existence-of-records requests. 

(a) If you want to know whether a 

system of records maintained by the 

Authority, the General Counsel, the IG, 

or the Panel contains a record pertaining 

to you, you may submit a written 

existence-of-records request by mail to 

the FLRA’s Solicitor or IG, as 

appropriate, at the Authority’s offices in 

Washington, DC, or by email to 

privacy@flra.gov. 

(b) You should clearly and 

prominently identify your request as a 

Privacy Act request. If you submit the 

request by mail, it should bear the mark 

‘‘Privacy Act Request’’ on the envelope 

or other cover, as well as your return 

address. If you submit the request by 

email, the subject line of the email 

should include the phrase ‘‘Privacy Act 

Request.’’ If you do not comply with the 

provisions of this paragraph, your 

request will not be deemed received 

until the time it is actually received by 

the FLRA’s Solicitor or IG. 

(c) An existence-of-records request 

must include your name and address 

and must reasonably describe the 

system of records in question. Whenever 

possible, the request should also 

describe the time periods in which you 

believe the records were compiled and 

the name or identifying number of each 

system of records in which you believe 

the records are kept. The Authority, the 

General Counsel, the IG, and the Panel 

have published descriptions of the 

systems of records they maintain in the 

Federal Register. 

(d) When you make an existence-ofrecords request regarding records about 

yourself, you must verify your identity. 

You must state your full name, current 

address, and date and place of birth. 

You must sign your request and your 

signature must either be notarized or 

submitted by you under 28 U.S.C. 1746, 

a law that permits statements to be 

made under penalty of perjury as a 

substitute for notarization. In order to 

help the identification and location of 

requested records, you may also, at your 

option, include your social security 

number. 

(e) When making an existence-ofrecords request as the parent or 

guardian of a minor or as the guardian 

of someone determined by a court to be 

incompetent, you must establish: 

(1) The identity of the individual who 

is the subject of the record, by stating 

the name, current address, date and 

place of birth, and, at your option, the 

social security number of the 

individual; 

(2) Your own identity, following the 

requirements of paragraph (d) of this 

section; 

(3) That you are the parent or 

guardian of that individual, which you 

may prove by providing a copy of the 

individual’s birth certificate showing 

your parentage or by providing a court 

order establishing your guardianship; 

and 

(4) That you are acting on behalf of 

that individual in making the request. 

(f) The Solicitor or IG, as appropriate, 

will advise you in writing within ten 

(10) working days from receipt of your 

request whether the system of records 

you identified contains a record 

pertaining to you or to the individual for 

whom you are a parent or guardian and, 

if so, the office in which that record is 

located. If the Solicitor or IG is 

prohibited from, or there is otherwise an 

exemption that prevents, disclosing 

whether a system of records contains a 

record pertaining to you or to the 

individual for whom you are a parent or 

guardian, you will be notified in writing 

of the reasons of that determination, and 

of your right to appeal that 

determination under the provisions 

§ 2412.12. 

§ 2412.5 Individual access requests. 

(a) You may make a request for access 

to a record about yourself that is 

contained in a system of records 

maintained by the Authority, the 

General Counsel, the IG, or the Panel by 

submitting a written request reasonably 

identifying the records sought to be 

inspected or copied by mail to the 

FLRA’s Solicitor or the IG at the 

Authority’s offices in Washington, DC, 

or by email to privacy@flra.gov. You 

must describe the records that you want 

in enough detail to enable Authority, 

General Counsel, IG, or Panel personnel 

to locate the system of records 

containing them with a reasonable 

amount of effort. Whenever possible, 

your request should describe the time 

periods in which you believe the 

records were compiled and the name or 

identifying number of each system of 

records in which you believe the 

records are kept. The Authority, the 

General Counsel, the IG, and the Panel 

have published descriptions of the 

systems of records they maintain in the 

Federal Register. 

(b) Your written request should be 

clearly and prominently identified as a 

Privacy Act request. If you submit the 

request by mail, it should bear the mark 

‘‘Privacy Act Request’’ on the envelope 

or other cover, as well as your return 

address. If you submit the request by 

email, the subject line of the email 

should include the phrase ‘‘Privacy Act 

Request.’’ If your request does not 

comply with the provisions of this 

paragraph, it will not be deemed 

received until the time it is actually 

received by the FLRA’s Solicitor or IG. 

(c) If you desire, you may be 

accompanied by another person during 

your review of the records. If you desire 


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to be accompanied by another person 

during the inspection, you must notify 

the Solicitor or IG at least twenty-four 

hours in advance of the agreed-upon 

inspection date. Additionally, you must 

sign a statement and provide it to the 

representative of the Authority, the 

General Counsel, the IG, or the Panel, as 

appropriate, at the time of the 

inspection, authorizing that person to 

accompany you. The agency may 

require a written statement from you 

authorizing discussion of your record in 

the accompanying person’s presence. 

(d) When you make a request for 

access to records about yourself, you 

must verify your identity. You must 

state your full name, current address, 

and date and place of birth. You must 

sign your request and your signature 

must either be notarized or submitted by 

you under 28 U.S.C. 1746, a law that 

permits statements to be made under 

penalty of perjury as a substitute for 

notarization. In order to help the 

identification and location of requested 

records, you may also, at your option, 

include your social security number. 

(e) When making a request as the 

parent or guardian of a minor or as the 

guardian of someone determined by a 

court to be incompetent, for access to 

records about that individual, you must 

establish: 

(1) The identity of the individual who 

is the subject of the record, by stating 

the name, current address, date and 

place of birth, and, at your option, the 

social security number of the 

individual; 

(2) Your own identity, following the 

requirements of paragraph (d) of this 

section; 

(3) That you are the parent or 

guardian of that individual, which you 

may prove by providing a copy of the 

individual’s birth certificate showing 

your parentage or by providing a court 

order establishing your guardianship; 

and 

(4) That you are acting on behalf of 

that individual in making the request. 

§ 2412.6 Records about other individuals, 

medical records, and limitations on 

disclosures. 

(a) Requests for records about an 

individual made by person other than 

that individual shall also be directed to 

the FLRA’s Solicitor or IG, as 

appropriate, at the Authority’s offices in 

Washington, DC, or by email to 

privacy@flra.gov. You must describe the 

records that you want in enough detail 

to enable Authority, General Counsel, 

IG, or Panel personnel to locate the 

system of records containing them with 

a reasonable amount of effort. Whenever 

possible, your request should describe 

the time periods in which you believe 

the records were compiled and the 

name or identifying number of each 

system of records in which you believe 

the records are kept. The Authority, the 

General Counsel, the IG, and the Panel 

have published descriptions of the 

systems of records they maintain in the 

Federal Register. 

(b) Such records shall only be made 

available to persons other than that 

individual in the following 

circumstances: 

(1) To any person with the prior 

written consent of the individual about 

whom the records are maintained; 

(2) To officers and employees of the 

Authority, the General Counsel, the IG, 

and the Panel who have a need for the 

records in the performance of their 

official duties; 

(3) For a routine use compatible with 

the purpose for which it was collected, 

as defined in 5 U.S.C. 552a(a)(7) and as 

described under 5 U.S.C. 552a(e)(4)(D); 

(4) To any person to whom disclosure 

is required by the Freedom of 

Information Act, as amended, 5 U.S.C. 

552; 

(5) To the Bureau of the Census for 

purposes of planning or carrying out a 

census or survey or related activity 

pursuant to title 13 of the United States 

Code; 

(6) In a form not individually 

identifiable to a recipient who has 

provided the Solicitor or IG with 

advance adequate written assurance that 

the record will be used solely as a 

statistical research or reporting record; 

(7) To the National Archives and 

Records Administration or other 

appropriate entity as a record which has 

sufficient historical or other value 

warranting its preservation, or for 

evaluation by the Archivist of the 

United States or the designee of such 

official to determine whether the record 

has such value; 

(8) To another agency or to an 

instrumentality of any governmental 

jurisdiction within or under control of 

the United States for a civil or criminal 

law enforcement activity that is 

authorized by law if the head of the 

agency or instrumentality has made a 

written request for the record to the 

Solicitor or IG, in accordance with part 

2417 of this chapter, specifying the 

particular portion desired and the law 

enforcement activity for which the 

record is sought; 

(9) To a person pursuant to a showing 

of compelling circumstances affecting 

the health or safety of an individual, 

provided that notification of such a 

disclosure shall be immediately mailed 

to the last known address of the 

individual; 

(10) To either House of Congress or to 

any committee thereof with appropriate 

jurisdiction; 

(11) To the Comptroller General, or 

any of Comptroller General’s authorized 

representatives, in the performance of 

the official duties of the General 

Accountability Office; 

(12) Pursuant to the order of a court 

of competent jurisdiction; or 

(13) To a consumer reporting agency 

in accordance with 31 U.S.C. 3711(e). 

(c) The request shall be in writing and 

should be clearly and prominently 

identified as a Privacy Act request and, 

if submitted by mail or otherwise 

submitted in an envelope or other cover, 

should bear the mark ‘‘Privacy Act 

Request’’ on the envelope or other 

cover. If a request does not comply with 

the provisions of this paragraph, it shall 

not be deemed received until the time 

it is actually received by the Solicitor or 

the IG. 

(d) If medical records are requested 

for inspection which, in the opinion of 

the Solicitor or the IG, as appropriate, 

may be harmful to the requester if 

personally inspected by such person, 

such records will be furnished only to 

a licensed health care professional 

designated to receive such records by 

the requester. Prior to such disclosure, 

the requester must furnish a signed 

written authorization to make such 

disclosure and the licensed health care 

professional must furnish a written 

request for the licensed health care 

professional’s receipt of such records to 

the Solicitor or the IG, as appropriate. 

(1) If such authorization is not 

executed within the presence of an 

Authority, General Counsel, or Panel 

representative, the authorization must 

be accompanied by a notarized 

statement verifying the identification of 

the requester. 

(2) [Reserved] 

§ 2412.7 Initial decision on access 

requests. 

(a) Within ten (10) working days of 

the receipt of a request pursuant to 

§ 2412.5, the FLRA’s Solicitor or IG will 

make an initial decision regarding 

whether the requested records exist and 

whether they will be made available to 

the requester. The Solicitor or IG will 

promptly communicate that initial 

decision to you in writing or other 

appropriate form. 

(b) When the initial decision is to 

provide access to the requested records, 

the writing or other appropriate 

communication notifying you of the 

decision will: 

(1) Briefly describe the records to be 

made available; 


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(2) State whether any records 

maintained about you in the system of 

records in question are not being made 

available; 

(3) State whether any further 

verification of your identity is 

necessary; and 

(4) Notify you of any fee charged 

under § 2412.13. 

(5) The Solicitor or IG will promptly 

disclose the requested records to you 

upon payment of any applicable fee 

under § 2412.13. 

(c) When the initial decision is not to 

provide access to requested records and 

accountings, the Solicitor or IG will, by 

writing or other appropriate 

communication, explain the reason for 

that decision. The Solicitor or IG will 

only refuse to provide you access when: 

(1) Your verification of identity is 

inadequate under § 2412.5(d); 

(2) No such records are maintained or 

an exemption applies; 

(3) Your information is contained in, 

and inseparable from, another 

individual’s record; 

(4) The requested records have been 

compiled in reasonable anticipation of 

civil or criminal action or other 

proceedings. 

§ 2412.8 Accountings of disclosures and 

requests for accountings. 

(a) The FLRA’s Solicitor or IG, as 

appropriate, will maintain a record 

(‘‘accounting’’) of every instance in 

which records about an individual are 

made available, pursuant to this part, to 

any person other than: 

(1) Officers or employees of the 

Authority, the General Counsel, the IG, 

or the Panel in the performance of their 

duties; or 

(2) Any person pursuant to the 

Freedom of Information Act, as 

amended, 5 U.S.C. 552. 

(b) The accounting which shall be 

retained for at least five (5) years or the 

life of the record, whichever is longer, 

shall contain the following information: 

(1) A brief description of records 

disclosed; 

(2) The date, nature and, where 

known, the purpose of the disclosure; 

and 

(3) The name and address of the 

person or agency to whom the 

disclosure is made. 

(c) Except when accountings of 

disclosures are not required to be kept 

(as stated in paragraph (a) of this 

section) or are withheld accounting of 

disclosures that were made pursuant to 

5 U.S.C. 552a(b)(7), you may make a 

request for an accounting of any 

disclosure that has been made by the 

Solicitor or IG, to another person, 

organization, or agency of any record 

about you. This accounting contains the 

date, nature, and purpose of each 

disclosure, as well as the name and 

address of the person, organization, or 

agency to which the disclosure was 

made. Your request for an accounting 

should identify each particular record in 

question and should be made by writing 

to the FLRA’s Solicitor or IG, as 

appropriate, following the procedures in 

§ 2412.5. 

(d) The FLRA’s Solicitor or IG, as 

appropriate, will respond to your 

request for access to an accounting 

following the procedures in § 2412.7. 

You may appeal the Solicitor or IG’s 

decision on your request under the 

procedures in § 2412.12. 

§ 2412.9 Requests for amendment or 

correction of records. 

(a) Unless the record is not subject to 

amendment or correction as stated in 

paragraph (b) of this section, you may 

make a request for amendment or 

correction of an Authority, General 

Counsel, IG, or Panel record about 

yourself or about an individual for 

whom you are a parent or guardian by 

submitting a written request to the 

FLRA’s Solicitor or IG, as appropriate, 

following the procedures in § 2412.5. 

Your request should identify each 

particular record in question, state the 

amendment or correction that you want, 

and state why you believe that the 

record is not accurate, relevant, timely, 

or complete. Please note that a requester 

bears the burden of proving by the 

preponderance of the evidence that 

information is not accurate, relevant, 

timely, or complete. You may submit 

any documentation that you think 

would be helpful. If you believe that the 

same record is in more than one system 

of records, your request should state 

that. 

(b) The following records are not 

subject to amendment or correction: 

(1) Transcripts of testimony given 

under oath or written statements made 

under oath; 

(2) Transcripts of grand jury 

proceedings, judicial proceedings, or 

quasi-judicial proceedings, which are 

the official record of those proceedings; 

(3) Records in systems of records that 

have been exempted from amendment 

and correction under the Privacy Act, 5 

U.S.C. 552a(j) or (k), by notice published 

in the Federal Register; and 

(4) Records compiled in reasonable 

anticipation of a civil action or 

proceeding. 

§ 2412.10 Initial decision on amendment or 

correction. 

(a) Within ten (10) working days after 

receiving your request for amendment 

or correction, the FLRA’s Solicitor or IG, 

as appropriate, will acknowledge receipt 

of the request and, under normal 

circumstances, the Solicitor or IG will 

notify you, by mail or other appropriate 

means, of the decision regarding the 

request not later than thirty (30) 

working days after receiving of the 

request. 

(b) The notice of decision will 

include: 

(1) A statement of whether the 

Solicitor or IG has granted or denied 

your request, in whole or in part; 

(2) A quotation or description of any 

amendment or correction made to any 

records; and 

(3) When a request is denied in whole 

or in part, an explanation of the reason 

for that denial and of your right to 

appeal the decision to the Chairman of 

the Authority, pursuant to § 2412.12. 

§ 2412.11 Amendment or correction of 

previously disclosed records. 

When a record is amended or 

corrected pursuant to § 2412.10, or a 

written statement of disagreement filed, 

pursuant to § 2412.12, the FLRA’s 

Solicitor or IG, as appropriate, will give 

notice of that correction, amendment, or 

written statement of disagreement to all 

persons to whom such records or copies 

have been disclosed, as recorded in the 

accounting kept pursuant to § 2412.8. 

§ 2412.12 Agency review of refusal to 

inform, to provide access to, or to amend 

or correct records. 

(a) If your request for information 

regarding whether a system of records 

contains information about you or an 

individual for whom you are a parent or 

guardian, or your request for access to, 

or amendment or correction of, records 

of the Authority, the General Counsel, 

the IG, or the Panel, or an accounting of 

disclosure from such records, has been 

denied in whole or in part by an initial 

decision, you may, within thirty (30) 

working days after your receipt of notice 

of the initial decision, appeal that 

decision by filing a written request by 

mail to the Chairman of the Authority 

at the Authority’s offices in Washington, 

DC, or by email to privacy@flra.gov. 

(b) The appeal must describe: 

(1) The request you initially made for 

information regarding, access to, or the 

amendment or correction of, records; 

(2) The initial decision of the FLRA’s 

Solicitor or IG on the request; and 

(3) The reasons why that initial 

decision should be modified by the 

Chairman of the Authority. 

(c) Not later than thirty (30) working 

days after receipt of a request for review 

(unless such period is extended by the 

Chairman of the Authority or the 


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Chairman’s designee for good cause 

shown), the Chairman of the Authority 

or the Chairman’s designee will notify 

you of their decision on your request. If 

the Chairman of the Authority or the 

Chairman’s designee upholds the initial 

decision not to inform the individual of 

whether requested records exist, or not 

to provide access to requested records or 

accountings, or not to amend or correct 

the records as requested, then the 

Chairman of the Authority or the 

Chairman’s designee will notify you of 

your right: 

(1) To judicial review of the Chairman 

of the Authority or the Chairman’s 

designee’s decision pursuant to 5 U.S.C. 

552a(g)(1); and 

(2) To file with the FLRA’s Solicitor 

or IG, as appropriate, a concise written 

statement of disagreement with the 

determination. That written statement of 

disagreement will be made a part of the 

record and will accompany that record 

in any use or disclosure of the record. 

§ 2412.13 Fees. 

(a) Your Privacy Act request for access 

to records will be considered an 

agreement to pay all applicable fees 

charged under paragraph (b) of this 

section, up to $25.00. When making a 

request, you may specify a willingness 

to pay a greater or lesser amount. 

(b) There will be a charge of twentyfive cents per page for paper-copy 

duplication of records disclosed under 

this part. For copies of records produced 

on tapes, disks, or other media, the 

Solicitor or IG will charge the actual 

cost of production, including operator 

time. 

(c) The FLRA’s Solicitor or IG may 

waive or reduce any charges under this 

section whenever it is in the public 

interest to do so. 

§ 2412.14 Penalties. 

Any person who knowingly and 

willfully requests or obtains any record 

concerning an individual from the 

Authority, the General Counsel, the IG, 

or the Panel under false pretenses will 

be subject to criminal prosecution under 

5 U.S.C. 552a(i)(3), which provides that 

such person shall be guilty of a 

misdemeanor and fined not more than 

$5,000. 

§ 2412.15 Exemptions. 

(a) Files of FLRA’s Office of Inspector 

General (OIG) compiled for the purpose 

of a criminal investigation and for 

related purposes. Pursuant to 5 U.S.C. 

552a(j)(2), the FLRA hereby exempts the 

system of records entitled ‘‘FLRA/OIG– 

1, Office of Inspector General 

Investigative Files,’’ insofar as it 

consists of information compiled for the 

purposes of a criminal investigation or 

for other purposes within the scope of 

5 U.S.C. 552a(j)(2), from the application 

of 5 U.S.C. 552a, except for 5 U.S.C. 

552a(b), (c)(1) and (2), (e)(4)(A) through 

(F), (e)(6), (7), (9), (10), (11) and (i). 

(b) OIG files compiled for other law 

enforcement purposes. Pursuant to 5 

U.S.C. 552a(k)(2), the FLRA hereby 

exempts the system of records entitled 

‘‘FLRA/OIG–1, Office of Inspector 

General Investigative Files,’’ insofar as it 

consists of information compiled for law 

enforcement purposes other than 

material within the scope of 5 U.S.C. 

552a(j)(2), from the application of 5 

U.S.C. 552a, (c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f). 

Dated: November 28, 2023. 

Thomas Tso, 

Solicitor and Federal Register Liaison. 

[FR Doc. 2023–26516 Filed 12–1–23; 8:45 am] 

BILLING CODE 7627–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1899; Airspace 

Docket No. 23–ASO–37] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace, and Establishment of Class 

E Airspace; Winston Salem, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace extending upward 

from 700 feet above the surface for 

Smith Reynolds Airport, Winston 

Salem, NC. This action also establishes 

Class E airspace designated as an 

extension to a Class D surface area and 

amends verbiage in the description. 

DATES: Effective 0901 UTC, March 21, 

2024. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours a day, 365 days a year. 

FAA Order JO 7400.11H Airspace 

Designations and Reporting Points and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; Telephone: 

(404) 305–6364. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority, as it amends 

Class D and Class E airspace in Winston 

Salem, NC. An airspace evaluation 

determined that this update is necessary 

to support IFR operations in the area. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA 2023–1899 in the Federal Register 

(88 FR 67126; September 29, 2023), 

proposing to amend Class D and Class 

E airspace extending upward from 700 

feet above the surface for Smith 

Reynolds Airport, Winston Salem, NC. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. One anonymous 

comment supporting this action was 

received. The commenter also showed 

concerns about how this airspace action 

might affect the environment. The FAA 

discusses potential environmental 

impacts in the Environmental Review 

section. 

Incorporation by Reference 

Class D and Class E airspace 

designations are published in 

Paragraphs 5000, 6004, and 6005 of 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 annually. This document 

amends the current version of that 


ddrumheller on DSK120RN23PROD with RULES1